Note: Access to the online files is via your "My CLE" page. If you would like to purchase multiple packages, please contact us here.

Webinar Archive Presentation

Presentation time: 90 minutes

Many lawyers use precedents or templates that go back many years without having been reviewed regularly. Often, the only changes that have been made are further additions to an already long, convoluted or even archaic document.
Unsurprisingly, when a problem arises and the terms of the empowering documents are examined, they are often found to be inappropriate for the circumstances and adding to the difficulties rather than helping to resolve them.

For this one and a half-hour webinar, presenters Chris and Greg Kelly will revisit their successful presentation from the NZLS CLE Trusts Conference in June. They will look at practical problems that arise in drafting deeds – points to watch out for when preparing documents yourself (and those you can exploit in other lawyers’ documents) and discuss legal principles behind some of the more common clauses.

Topics will include

Who should be given power to appoint and remove trustees?

Who should have power to add and remove beneficiaries?

Should such powers be exercisable by the trustees after a settlor has died or lost capacity?

Drafting for blended families

Who should be appointed a trustee?

How do you deal with conflicts of interest?

Please contact us if you use a dial up internet connection.

Booklet

Author: Chris Kelly, Greg KellyPublished: 16 September 2013
Pages: 24

Introduction

With the proliferation of trusts, increased scrutiny is being placed on the contents of empowering documents such as trust deeds and wills. Many lawyers use precedents or templates that go back many years and which, in many cases, are not understood by the users and are not reviewed regularly.

The tendency is to use precedents without really being familiar with them and often there is a reluctance to review them critically and make changes. Often, if changes are made, they are simply additions to an already long document without careful thought as to how the additional clauses fit in with the existing documents. Young lawyers are often presented with the firm precedent or precedents and feel obliged to use them, even though they may not be familiar with the document and may not really understand some of the convoluted and archaic clauses.

Against this background, it is not surprising that a number of problems arise. When a difficulty arises, the terms of the powering documents are scrutinised and, in some cases, they are ill-suited to the circumstances and rather than resolve difficulties, they may add to the problems.

The purpose of this paper is to highlight some of the common drafting errors that arise, discuss the legal principles behind some of the more common clauses and discuss how these problems can be resolved.

PowerPoint Presentation

These are the slides included in the webinar presentation.
Number of Slides: 32

You might also be interested in ...

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press ‘save’ after adding each new registrant.